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C.C.S.M. c. M245
The Municipal By-law Enforcement Act
| PURPOSE OF THIS ACT | ||
| 1 | Purpose of this Act | |
| DEFINITIONS | ||
| 2 | Definitions | |
| AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES | ||
| 3 | (1) | Authority to impose administrative penalties |
| (2) | By-law must be passed | |
| (3) | Additional by-law powers | |
| (4) | Authority of planning districts | |
| (5) | By-laws subject to the regulations | |
| 4 | (1) | Provincial Offences Act does not apply |
| (2) | Parking only enforceable by administrative penalty | |
| 5 | (1) | Municipalities may join together |
| (2) | Agreement | |
| PENALTY NOTICES | ||
| 6 | (1) | Penalty notice |
| (2) | Content of penalty notice | |
| (3) | Notice issued to named person, except for parking | |
| (4) | Electronic notice | |
| (5) | No signature required | |
| 7 | Vehicle owner liable | |
| 8 | Limitation period — one year | |
| DELIVERING THE PENALTY NOTICE | ||
| 9 | (1) | Delivery of penalty notice |
| (2) | If notice left on vehicle | |
| (3) | If notice is mailed | |
| (4) | If notice delivered in prescribed manner | |
| HOW TO RESPOND TO A PENALTY NOTICE | ||
| 10 | (1) | How to respond to a penalty notice |
| (2) | Minimum period to respond | |
| REVIEW BY SCREENING OFFICER | ||
| 11 | (1) | Powers of screening officer |
| (2) | Option to pay or ask for review | |
| (3) | If adjudication not required | |
| COMPLIANCE AGREEMENTS | ||
| 12 | (1) | Purpose of compliance agreement |
| (2) | Compliance agreement — admission of responsibility | |
| (3) | Written agreement | |
| (4) | No penalty if person complies with agreement | |
| (5) | Agreement ended if not complied with | |
| 13 | (1) | Options after agreement ends |
| (2) | Penalty due if no request for adjudication | |
| ADJUDICATION | ||
| 14 | Adjudication | |
| 15 | (1) | Adjudicators |
| (2) | Qualifications | |
| (3) | Rosters | |
| (4) | Selection from roster | |
| 16 | Conflict of interest | |
| 17 | (1) | Opportunity to be heard |
| (2) | Manner of hearing | |
| (3) | In person or by agent | |
| (4) | Failure to appear — amount due | |
| (5) | Procedures | |
| 18 | (1) | Evidence |
| (2) | Exception | |
| (3) | Manner of accepting evidence | |
| ADJUDICATOR'S DECISION | ||
| 19 | (1) | Adjudicator's decision — standard of proof |
| (2) | Decision re penalty | |
| (3) | Decision re dispute on a compliance agreement | |
| (4) | Notice of the decision | |
| (5) | Decision available to public | |
| 20 | (1) | Adjudicator's decision is final |
| (2) | Judicial review within 30 days | |
| COSTS AND ADMINISTRATION OF ADJUDICATION SCHEME | ||
| 21 | (1) | Costs and administration of adjudication scheme |
| (2) | Fee if person unsuccessful | |
| FINAL NOTICE | ||
| 22 | (1) | Final notice required if no response to penalty notice |
| (2) | Delivery of final notice | |
| (3) | Responding to a final notice | |
| (4) | When review requested | |
| (5) | If no action taken on final notice | |
| (6) | Limit on collection | |
| COLLECTION OF PENALTIES | ||
| 23 | (1) | Amount owing enforced as court judgment |
| (2) | No certificate for amount owing for more than six years | |
| 24 | Lien remedy | |
| GENERAL | ||
| 25 | Limit on authority of screening officers and adjudicators | |
| 26 | (1) | Regulations |
| (2) | Types of regulation | |
| CONSEQUENTIAL AMENDMENTS | ||
| 27 to 29 | ||
| C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
| 30 | C.C.S.M. reference | |
| 31 | Coming into force | |